Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1887-09-30
w1NDHAM COUNTY COURT

paid under protest assessed upon the grand
list of 1885, which said list the plaintiff
claimed was illegal and fraudulently made
up.
The evidence of the plaintiff tended TO
show that in the taking OF the list Of 1885
by the listers they did not require tax pay
ers filling out and filing inventories Of their
personal lists 10 answer all the questions
prescribed in the same that some of said
inventories made by land holders made no
reference whatever TO the real estate owned
by them that other tax payers who had
money in savings banks in other states
were not required to state the amount there
on deposit that in some few instances tax
payers who had money on deposit in saw
ings banks in this state over and above the
$500 exemption did not make mention
thereof in their said sworn inventories. 1t
also appeared that the year 1885 was not
one of the years in which the law requires
the real estate to be appraised, and further,
that when the grand list was made up all
the real estate of the town was properly
embraced therein. That the listers in what
they did in the matter of receiving the per-
sonal inventories of the taxpayers used
their best Judgment according TO what in
formation they had as to the law and its re-
quirements Of them.
During the hearing the court stated that
he should hold as a matter of law that the
grand list was valid as basis for taxation
unless il could be made to appear that the
listers in what they did were actuated by
bad faith that they wantonly disregarded
their known duty under the law and acted
with bad faith towards the town in the dis
charge Of their duties that an error of
Judgment, any want Of understanding of
al II . L.. 1
its requirements, an uintentonal omission
of property which ought to have been in
cludcd in the list, if the listers acted in
good faith and honestly purpOsed and en-
deavored to do their duty, the grand list
was valid The defendants submitted no
evidence. Verdict for the defendants
Waterman x Martin and Read for the
plaintiff Haskins 4 Stoddard and G. B.
Eddy for the defendants.
state rs. Morton {. DdriS.-lndictment
for an assault with intent to kill and muir
der Frank Dodge in DummerstUn. Re
spondent pleaded guilty to an assault armed
with Il dangerous weapon but without the
intent to kill and murder Owing to the
peculiar circumstances Of the case the fore
going plea was accepted and the respondent
was sentenced to pay fine Of $3.50 without
costs.
state RS. Rdnsom Congratulations for
an assault and battery upon p. W Manly
/ of Dummerston Plea not guilty and trial
/ by jury The evidence on the part Of the
| State tended to show that in June, 1887, the
| said Manly, in returning to his own house
/ from the Fast Dummerston depot, and in
| passing through the moving Of Edison A.
| Convey, was by the said Convey ordered to
| get out of his grass and travel the highway.
Mr.. Convey with his son, the respondent,
were in the highway going to the depot
/ with two horse load Of lumber. The team
was stopped and the respondent ahghted
from the load of lumber 10 the ground.
Each party used pretty saucy language to-
wards the other. At this juncture Mr..
Manly took it into his head 10 return 10 the
/ depot and in doing SO passed out into the
/ highway near where young Convey stood
whereupon said young Convey advanced up
ON him and struck him a blow with heavy
cane, which he held in both hands, upon
the left side Of his head and felled him t.
7 the ground In attempting 10 get up he
was again struck and knocked down the
second time. The respondent with hi
father then passed along with their loaded
team, and Mr. Manly returned To his own
house in u dazed condition. He vomited
freely and was severely injured.
The evidence on the part Of the respond
cnt tended to show that when Mr.. Edison A
Convey requested Manly to get out of hi,
grass and travel in the highway said Manly
became very furious, using harsh, saucy
and profane language, and stunped Mr.
Convey and his son to come over into the lot
where he was that the team was stopped
and young Convey got off and stepped upon
the side Of the road the better to enable
them to hear what Manly was saying, but
with no intention of provoking an encount
er that said Manly came Immediately over
into the highway near where the respond
ent stood, swearing at and threatening
young Convey, declaring that he would di,
suddenly some night, that he would die a,
suddenly as Sugland did, etc Mr. Edsol
4. Convey started up his team and told hi
son 10 come along and not have any quar-
rel with Manly. The respondent turned
about and followed along after the team il
the highway, and Manly continued to fol
low up closely, at the same time swearing
and threatening. Young Convey, after be
ing pursued in this manner for one or tw,
rods, turned about and raised his cane in
threatening manner, as he testified, an,
with no purpose Of striking, but as a warn
inu to Manly to desist following him tina
Manly made a grab ON two occasions 70
the cane, whereupun respondent strucl
him upon the left side of the head, which
knocked him down. He struck him bu
once only. Said cane was light, dr.
sumach about one inch in diameter at tn
butt end. Manly got up at once and fol
lowed along after respondent several steps
swearing and threatening. He was no
very severely injured and respondent use,
no more force than at the time he though
necessary to protect ami defend himself
Upon a previous occasion said Manly hai
made an assault upon respondent with al
iron bar and On another occasion had rails
ed an axe over him and threatened 10 spill
his head open without the least provoca
ton and upon the groundless assumption
that respondent had had TO do with break
ing the fastenings of Manly's boat and per
hitting it to float down the river. On an
other occasion he made an assault upon
Mr.. Tower with loaded pistol Durinl
the three years Manly had resided in tow
he had quarrelled and threatened others
and had got the reputation of being quar-
relsome man all Of which was known t,
the respondent Covey at the time Manly
was following him up in the highway, an(
he was fearful Manly was about to strik,
and do him harm.
Under the charge Of the court as to wha
constituted an assault the jury returned
verdict of guilty Respondent was sen
fenced to pay "a fine of $50 and costs
Mann, States Attorney, for the prosecu
ton. Ilaskins q Stoddard for defendant
In state rs. GeorW 7, ShdnkS, indicted
for criminal libel, and TO which he pleade'
guilty last week, Shanks appeared in cour
and was fined 5000; costs 1929. Judg'
Ross. in passing sentence, took occasion u
severely rebuke the class of newspaper
and newspaper editors that cater 10 tn
morbid taste of a certain class of the com
munity, in publishing sensational article
ana attacking the private character OF IN
diVlduais' without regard, apparently, o